Appointment in ongc.
chirag patel
(Querist) 25 May 2017
This query is : Resolved
I am Ramesh Francis, cpf No. 67994 one o the employee of 577 term based workers of western sector who was to be regularized in ONGC alongwith other employees. Case details are as under:
The pertains to regularization of 577 term based workers of ONGC western sector. An Industrial Dispute was raised by ONGC Employees Mazdoor Sabha, ONGC Baroda demanding regularization of 577 term based employees. Conciliation resulted in failure on 13.8.2004 and matter was referred to CGIT-cum-Labour Court, Ahmedabad by the Ministry of Labour and employment, Govt. of India in December 2004.
After a long drawn adjudication CGIT-cum-Labour Court, Ahmedabad passed an award giving directions for regularization of various categories of term based appointees depending on relevant facts of the respective cases. ONGC was, inter alia, ordered not to import recruitment from open market unless term appointees were given appointments.
Afterwards union and ONGC both filed Special Civil Applications before Hon’ble High Court of Gujarat against the award of CGIT while adminitting the SCAs, Hon’ble High Court gave four directions vide their interim orders dated 27.03.2012. The main effect of these orders was that the embargo imposed on recruitment from open market was placed in abeyance and ONGC was ordered to pay regular salary of regular employees w.e.f. 01.01.2012.
Some other applications were also filed in the same case before Hon’ble High Court. All the applications/appeals were considered together and the final judgement by the learned single judge was pronounced on 26.04.2013. ONGC was, inter alia, directed to treat the concerned workmen on regular employment w.e.f. 24.01.2005 or the date of first re-issuance of appointment order as the case may be and accordingly grant notional benefits from the said date till 31.03.2013 and to pay them regular pay and allowances w.e.f. 01.04.2013. Some additional directions were also issued for implementation.
ONGC as well as the Union filed LPAs against the above judgement by Hon’ble single judge before Division bench of Gujarat High Court which were admitted. During the pendency of the case with Division bench, the Union filed SLP before Hon’ble Supreme Court praying for stay against the operation, implementation and execution of an interim order by Division bench which was disposed of on 16.10.2014 with some directions related to the concerned workers.
The matter was finally decided by Division bench of Hon’ble Gujarat High Court on 29.04.2015 wherein LPA filed by ONGC as well as that filed by the Union were all dismissed thereby upholding the decision of Single Judge in the matter.
ONGC filed SLP (C) before the Hon’ble Supreme Court which cam up for hearing on 17.08.2015. Hon’ble Supreme Court after taking into consideration the peculiar facts and circumstances of the cases passed an order stating, inter alia. That they were not inclined to interfere with the impugned judgement and the order passed by the Gujarat High Court. Thus, the SLP was dismissed.
Further, I am also in the list of 577 employees as per the above case. My term as tenure based was not extended by ONGC from 24.01.2013 without assigning any reasons. In fact, I was a B.Com graduate though I have been posted in field duty from 24.01.2005. I had worked in field duty till 24.01.2013. When the time came for further extension of our tenure from 24.01.2013, my controlling officer at the field duty relieved my from the field operations stating that since the individual is not having any technical qualifications, he must be posted in other department as per his qualification. Due to this HR has not done my term extension from 24.01.2013. Since then I continuously wrote several letters regarding my extention but I got no reply from ONGC. When in the year 2015, which I have stated above when Hon’ble Supreme Court has dismissed the ONGC appeal, I thought that since I am also one of the beneficiary in the case, and also on the rolls of ONGC on 24.01.2005 as per the Single Judge Judgement, now I will get appointment . I had also brought this to the senior management of ONGC.
On 26.08.2015, I got first reply from ONGC regarding my non extension of tenure in 2013. ONGC has stated that Hon’ble Supreme Court order datd 17.08.2015, cannot be referred to in my case, as my services as tenure based field operator with ONGC ceased on 24.01.2013 on the basis of poor performance. I am quite surprised to receive this letter.
Now wat is the remedy in legal terms with me.........
Thanks
Guest
(Expert) 26 May 2017
Get your documents examined in detail with specific reference to the Supreme Court order dated 17.08.2015 for appropriate opinion/ guidance.
Rajendra K Goyal
(Expert) 26 May 2017
All documents / case file need to be referred, discuss with some senior lawyer in the field.
chirag patel
(Querist) 02 June 2017
Dear All Senior Advocates,
On April 12 2017 I had received reply from ONGC how my case cannot be considered as per the Court Orders. The reply is as under:
QUOTE:
In this regard, your case has been examined and as per the Award dated 08.11.2011 of CGIT,Ahmedabad in Reference No. 1476 of 2004, Ld Industrial Tribunal, Ahmedabad has directed that:
Out of 577 term base appointees of 1999, 2000 and 2001 as per list attached to the reference, those who either expired or resigned or terminated or tenure completed or are absent are now out of the court and so those are not entitled to get any relief in spite of raising demand by the union under the reference.
Above mentioned direction had not been touched and modified by Single Bench of Hon'ble Gujarat High Court vide its order dated 26.04.2013 in SCA Nos.2248 and 2813 and hence, still operative. Hon'ble High Court vide said order dated 26.04.2013 had directed that :
"The concerned workmen involved in these cases are not required to undergo any more recruitment examinations since they have been appointed after following necessary procedure and are working with the corporation since then".
UNQUOTE
What is the legal view for the above mentioned reply by ongc to me.
Thanks
Guest
(Expert) 02 June 2017
Hit and trial method with your own conceived brief information, without examination of documents by any expert, may not help you in any way.
I have already suggested, get the case related documents, including the judgments, examined in person by some local expert or you may send to any of the labour and services laws expert by email.
